Flexible working legislation has changed recently, and there are further changes predicted to come. In 2024, the rules changed, meaning –
- Requests could be made from day 1 of employment, instead of being subject to eligibility criteria
- Employees can make 2 requests per year (instead of the previous 1 request)
- Employees do not need to cover how the impact will be managed, or mitigated – the organisation has a responsibility to consult and negotiate, but it is not necessary for this to be detailed in the application
- The timescales for managing the requests changed (decision to be notified within 2 months of receipt of the request)
- A duty to consult with employees was introduced, meaning requests must be discussed, considered, and alternatives explored before any requests are declined.
Since then, flexible working remains a topic of discussion, with many companies reverting back to office-based work as opposed to hybrid and home working.
A recent study has shown that 29% of employees have “informal” flexible working arrangements, leaving them fearing that there is no documentation or formal process to support their working patterns. Of those participating in the study, 66% reported that they want more flexibility to achieve a better work-life balance.
Flexible working requests can be made by any staff, not just working parents, and can request changes to location, working hours, work patterns, or any other contractual elements.
Increasingly, requests are made by those who are juggling care with work (whether care for elderly dependents, or more likely children). Another recent study by the charity Working Families reports that 33% of working parents have reduced their hours due to childcare problems, with 31% feeling this doesn’t give any real benefit, but just allows them to stay afloat.
With school holidays totalling around 13 weeks per year, and annual leave around 4 weeks, balancing childcare for working parents can be challenging. Only 1 in 3 parents reports to having enough flexibility to successfully manage work, and childcare.
There is a strict process which must be followed when managing flexible working requests, and there are only 8 legal reasons for which an organisation can decline –
- Burden of additional costs
- Inability to reorganise work amongst existing staff
- Inability to recruit additional staff
- Detrimental impact on quality
- Detrimental impact on performance
- Detrimental ability to meet customer demand
- Insufficient work during the period requested
- Planned structural changes
Further changes are expected as part of the Employment Rights Bill, with many predicting that flexible working will be the default unless the employer can show it is not possible.
If you need any help managing flexible working requests within your teams, or training managers on how to consider requests, please contact us at team@hrprime.co.uk
